1 2025:CGHC:37903-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.174 of 2018 State Of Chhattisgarh Through- Police Station Ghumka, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh … Appellant versus 1 - Hemant Bhoyar @ Rahul S/o Chintaram Bhoyar Aged About 33 Years R/o- Village Ringani, Police Station And District- Balod, Chhattisgarh 2 - Badal Soni @ Chhotu S/o Heeralal R/o- Bhilai Camp 1, Nehru Chowk, Behind Madhu Tea Stall, Durg, Police Station And District- Durg, Chhattisgarh ... Respondent(s) For Appellant : Shri Ruhul Ameen, Panel Lawyer For Respondent(s) : None, though served DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 01/08/2025 1) This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 26.10.2017, passed by the learned Sessions Judge, Rajnandgaon (C.G.) in Sessions Trial No.56/2016, whereby, the respondents have been acquitted with regard to the offence punishable under Section 302 of IPC and, in alternatively under Section 302/34 of IPC. SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2025.08.01 18:09:51 +0530 2 2) From perusal of the record, it appears that the respondents have been charge-sheeted with regard to the offence punishable under Section 302 of IPC and, in alternatively under Section 302/34 of IPC for the commission of murder of one Guleshwar Prasad, who was found to be dead in the intervening night of 29th and 30th April, 2015. It appears that based upon the merg intimation (Ex.P-20) lodged by one Latmar Maithil, the Kotwar of the concerned Village, the deadbody was recovered, which was identified by his parents on 12.03.2015 and, was sent for autopsy, which was conducted by Dr. S. N. Hussani, (PW-14), who vide his report (Ex.P-29) opined the cause of death to be Crushed Carnio Cerebral injury with other external injuries including neck compression and accordingly, death was held to be unnatural. According to the prosecution, since the Respondent No.1-Hemant Bhoyar had an apprehension that his younger brother-Pannalal was murdered by the deceased- Guleshwar Prasad, therefore, he, with the assistance of Respondent No.2-Badal Soni, have committed the murder of said Guleshwar Prasad. 3) In order to attribute them with regard to the alleged offence, clothes having stained like blood were recovered from the Respondent No.1-Hemant Bhoyar on 19.03.2016 vide Ex.P-8, based upon his disclosure statement (Ex.P-7), while clothes having stained like blood and, a mobile set were recovered from the Respondent No.2- Badal Soni vide Ex.P-10, based upon his disclosure statement (Ex.P-9). The articles, so recovered, were sent for chemical examination and according to the FSL Report (Ex.P-32), human 3 blood was found only on the clothes (marked as “K”) from the Respondent No.2-Badal Soni, but the blood group of it, could not be ascertained. In view thereof, the blood group ‘B’ of the deceased was not matched with the clothes of the said Respondent No.2- Badal Soni. 4) Apart from the aforesaid evidence, no other materials have been placed on record by the prosecution, so as to hold that the respondents are involved in connection with the alleged crime. 5) The appeal, being devoid of merit, is accordingly dismissed. SD/- (Sanjay S. Agrawal) Judge SD/-/-SD/D (Radhakishan Agrawal) Judge Tumane